Overview

The Repatriation Medical Authority Instrument No. 77 of 2008 amends the Veterans’ Entitlements Act 1986, specifically Statement of Principles Instrument No. 34 of 2005 concerning cervical spondylosis. Enacted in 2008, this instrument was developed to address the need for a revised definition of 'high performance aircraft' in the context of military service and its potential link to cervical spondylosis. The Authority's investigation, which was advertised in the Government Notices Gazette on 14 November 2007, was focused solely on the issue of 'aircraft flight' and involved extensive consultation with relevant organisations and experts. The policy objective of this instrument is to ensure that the definition of high performance aircraft is accurately reflected in the legislation, thereby impacting the entitlements of veterans who may have developed cervical spondylosis due to their service.

Scope and Application

The Repatriation Medical Authority Instrument No. 77 of 2008 amends the Veterans' Entitlements Act 1986 by modifying the Statement of Principles Instrument No. 34 of 2005 concerning cervical spondylosis. This amendment is specifically directed at revising the definition of 'high performance aircraft' as detailed in clause 9 of the aforementioned 2005 Instrument. The scope of this legislation applies to individuals and entities involved in the administration and adjudication of veterans' entitlements, particularly those affected by or involved in claims related to cervical spondylosis and high-performance aircraft. The authority of the Act extends to the Commonwealth level, and it is applicable nationwide in Australia. This legislative instrument does not explicitly outline exclusions, exemptions, or thresholds; however, it does specify the effective date of the amendment in compliance with the Legislative Instruments Act 2003. The Authority conducted an investigation, inviting submissions from relevant parties, which culminated in the final determination of this instrument, addressing the specific issue of 'aircraft flight' in relation to cervical spondylosis.

Key Provisions

The key operative sections of this legislation involve the Repatriation Medical Authority's determination of Statement of Principles Instrument No. 77 of 2008, which amends Instrument No. 34 of 2005 concerning cervical spondylosis. Specifically, section 2 of the legislation revises the definition of 'high performance aircraft' as outlined in clause 9 of Instrument No. 34 of 2005. Section 3 of the legislation specifies the effective date of the amendment in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003. This instrument aims to address the specific issue of 'aircraft flight' in relation to cervical spondylosis among veterans and service personnel. The obligations and requirements imposed by this Act primarily involve the Repatriation Medical Authority's duty to investigate and amend the Statement of Principles concerning cervical spondylosis. As outlined in section 4, the Authority advertised its intention to investigate this issue in the Government Notices Gazette of 14 November 2007, and circulated notices to relevant organisations and individuals. The Authority received two submissions during the investigation, which it considered in determining the new instrument. The Authority's role also includes the provision of a list of references relating to the condition, available upon written request from the Repatriation Medical Authority Secretariat. In terms of consequences for non-compliance, the legislation does not explicitly outline offences, penalties, or specific civil or criminal consequences for breach. However, the determination of this instrument is intended to finalise the investigation and address the issue of cervical spondylosis as it relates to aircraft flight among veterans and service personnel. The consequences of non-compliance would likely involve the failure to address the specific issue of cervical spondylosis and the potential for continued disputes or claims related to this condition. The maximum penalties for offences under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 would apply in cases of non-compliance, though these are not detailed in the explanatory statement for this particular instrument.